The Parliament of the European Union, on December 11, 2012,
voted for creating a Unitary Patent System (UPS) with a unitary
effect in 25 European states.1 Spain and Italy have so
far opted out of the system but may choose to join at a later date.
The aim is to provide lower costs and more effective protection
through one single administrative step. The UPS has three pillars,
each pillar with separate legislation and procedures: the first
pillar creates an instrument to set up a unitary protection system;
the second pillar provides the language regime to deliver and
administer the unitary patent; and the third pillar focuses on
setting up a Unified Patent Court (UPC) with exclusive jurisdiction
concerning infringement and validity of the unitary patents.
The unitary patent will co-exist with national patents, as well as
the classical European patent with which it shares a common legal
basis and procedure for grant. The unitary patent differs only in
the post-grant phase and will be treated as a single patent no
longer requiring validation (including translations) in each
European state. Patents will be made available in English, French,
and German, a feature supporters of the UPS claim will reduce
current patenting costs up to 80% by avoiding the need for
additional translations into other languages. Under the UPS, the
European Patent Office (EPO) serves the vital role of examining and
administering the unitary patents, as it does for European patents,
the key difference being the geographic extent of the legal
protection that a patent affords, once it has been granted.
The UPC will consist of a Court of First Instance (CFI), a Court
of Appeal and a Registry. The CFI will be comprised of a Central
Division as well as local and regional divisions, with the Central
Division split between Paris, London, and Munich. London will have
jurisdiction over cases involving chemistry, metallurgy,
pharmaceutical, and life sciences and human necessities while the
Munich division will handle mechanical engineering, lighting,
heating, weapons, and blasting. The seat of the Central Division in
Paris, the location of the president's office and the
administration, will also handle cases relating to performing
operations, transportation, textiles and paper, fixed
constructions, physics, and electricity. The local and regional
divisions will have jurisdiction over certain infringement actions
(and if they so choose, counterclaims for revocation) where the
actual or threatened infringement takes place or where the
defendant or one of the defendants has its residence or principal
place of business. There will also be a single Court of Appeal
based in Luxembourg.
The UPS will come into force the later of the date of ratification
by thirteen European states including the UK, France, and Germany,
or January 1, 2014.
1These states include Austria, Belgium, Bulgaria,
Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden,
and United Kingdom.
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The International Registration of Trademarks, Using the Madrid System” at Protecting Your IP Overseas: WIPO Services and Initiatives, supported by the World Intellectual Property Organization, United States Patent and Trademark Office, Silicon Valley Intellectual Property Law Association, American Intellectual Property Law Association, and Association of Intellectual Property Firms. The program will take place at City Hall in San Jose, California. For more information, or to register, please see SVIPLA’s website.
2 Nov 2016, Speaking Engagement, Cambridge, United States
Finnegan is a co-sponsor of BPLA's First Annual PTAB Summit. The event will highlight the evolution of PTAB practice through discussions with PTAB stakeholders and practitioners, including in-house counsel and two Administrative Patent Judges from the USPTO.
Finnegan partner Erika H. Arner will provide introductory remarks, and Finnegan attorneys Rachel L. Emsley and Cory C. Bell will participate in the panel discussion "Life After Federal Circuit Appeals at the PTAB." For additional information, or to register, visit BPLA's website.
Finnegan is a Gold sponsor of Intellectual Asset Management Magazine’s Pharma and Biotech IP Summit: Transforming Tactics into Optimal Strategies. Additionally, Finnegan partners Jennifer Roscetti and Martin Hyden were invited to present “Across the Pond: An Update.”
On 8 September 2016 (C-160/15), the CJEU ruled that the posting of a hyperlink to copyright-protected works located on another website does not constitute copyright infringement when the link poster does not seek financial gain.
The chapter on the UK summarises the IP court and litigation system in the UK, recent developments in relation to IP law and practice, the forms and availability of IP protection and trends and outlook in the IP sphere.
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